Ho ho hold the partying

Be careful how you behave at the office holiday party. You're not just among friends!

Photograph by: Stock photo
, Thinkstock

It's that time of year again, when a reminder on how to act at your company Christmas party won't go astray. Parties of yore bear scant resemblance to today's get-togethers. Employers (and employees) can no longer chance the shenanigans of earlier eras where "Ho Ho Ho" and sneaking a kiss under the mistletoe were commonplace. The legal issues started with sexual harassment and proceeded to host liability. Now, beyond those inauspicious beginnings, holiday parties, or any office parties where alcohol is supplied, carry a veritable plethora of risk:

Intrusion upon seclusion

The Ontario Court of Appeal in 2012 aided the development of this lawsuit, which protects employees' privacy rights. Before those ubiquitous pocket cameras snap your co-workers in embarrassing or, more salaciously, compromising positions on the dance floor and beyond, stop and think. Did the employee consent, even implicitly, to your capturing that "private" moment for eternity, let alone to posting it on Facebook? If not, don't.

Employers are well-advised to have policies prohibiting pictures being taken at the event without specific consent. It will not be long before failure to do so will similarly create liability. You don't want your office party to be the one to go viral.

Sexual harassment

Co-workers and alcohol can be a lethal mix. Although historically many relationships started in the workplace, sexual harassment allegations have, in the past decade, disrupted many a career. Alcohol has the potential to innocently create both mischaracterization (by the "victim") and misinterpretation (by the "accused"). Prudence dictates that office parties should no longer include dancing.

Promises

For the same reasons, an employer's discussions about an employee's future promotional possiblity or deserved salary increase/bonus can be construed as a promise with legal recourse if it does not materialize. Although that is also the case in the office, mischaracterization and misinterpretation are more likely in a social environment where alcohol is served.

Workplace harassment

There is often temptation for employees to gossip about others. If sufficiently deprecatory or depraved, that gossip can lead the victim to claim harassment, potentially even to the point of constructive dismissal. Even harassment short of that creates liability in Ontario under the Occupational Health and Safety Act. Again, employers must have policies in place requiring civility and prohibiting disparaging comments about others.

Driving home

Whether at a formal party or just a drink in the office after work, employers have been sued for millions of dollars as result of permitting staff to drink and drive. The courts have said it is not merely a right, but an obligation, to remove an apparently intoxicated employee's keys rather than permit the person to drive from the office or party.

Drink tickets should be limited and non-transferable, employees should be provided taxis or hotel rooms, and you should not permit an employee to drive home if potentially impaired. You should call their spouse if they insist on driving or, if necessary, the police. Most important, non-drinking employees should be supervising to ensure this action is carried out.

But with no gossip, voyeurism, dancing, Facebook and only limited alcohol, do you really want to attend a party with your colleagues?

Howard Levitt is senior partner of Levitt LLP, (levittllp.ca) employment and labour lawyers. He practises employment law in eight provinces and is author of The Law of Hiring in Canada.

We encourage all readers to share their views on our articles and blog posts. We are committed to maintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, and please keep your comments relevant and respectful. If you encounter a comment that is abusive, click the "X" in the upper right corner of the comment box to report spam or abuse. We are using Facebook commenting. Visit our FAQ page for more information.